The book not only covers the general principles of effective cross-examination, it provides sample cross-examinations from trials, hearings on motions to suppress and probable cause hearings, including sample cross-examinations of the officer who administered field sobriety test, the detective who coerced confession, the accident reconstructionist, eyewitnesses, informants, state chemists, medical examiners and
Advice on Opening Statements and Closing Arguments
Opening Statements represent the Defense Attorney's best opportunity to set the tone of the trial and seize the momentum. However, most criminal defense lawyers seem to fear the opening statement, as if it will tether them to facts they may later wish they could disregard. Opening statement is where the trial lawyer tells the jury his client's story and the story of the case. It is, indeed, the foundation of cross-examination. Without a detailed opening statement -- without the story -- many cross-examinations make little sense to jurors.
Closing Argument, on the other hand, is overrated. For if the trial has been lost because the lawyer gave a vague opening statement and compounded that error by failing to properly cross-examine the witnesses, a brilliant closing argument will not save the client from the abyss. Nevertheless, the closing cannot be discounted entirely; it is where we speak to the power people on the jury who guide, if not dominate, the deliberations.
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